Punjab

Sangrur

CC/13/2024

Vanshika - Complainant(s)

Versus

Mobitech Creations Pvt. Ltd. - Opp.Party(s)

Sh. Ashish Kumar

16 Dec 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

 

                                                                        Complaint No. 13

 Instituted on:   08.01.2024

                                                                         Decided on:     16.12.2024

 

Vanshika aged about 27 years daughter of Rakesh Kumar Garg, resident of H.No.318, Near Rameshwar Mandir, Indira Basti, Sunam, Tehsil Sunam, District Sangrur (Mobile No.89684-64682).

                                                          …. Complainant.     

                                                 Versus

1.     Mobitech Creations Pvt. Ltd. Plot No.15/16, Village Banauli Dwarka, Sector-28, New Delhi-110078 through its authorized signatory.

2.     Mobitech Creations Pvt. Ltd. Regd. Office D-13/1, Model Town-II, New Delhi-110009 through its Managing Director/Chairman.

3.     OPPO Mobile India Pvt. Ltd. through its Managing Director, Plot No.1, Sector Ecotech-VII, Greater Noida, Uttar Pradesh-201306.

             ….Opposite parties. 

For the complainant:             : Shri Ashish Kumar, Adv.              

For the OPs                           :  Exparte.

 

Quorum                                           

Jot Naranjan Singh Gill         :                 President

Sarita Garg                              :                  Member

Kanwaljeet Singh                    :                 Member

 

ORDER

JOT NARANJAN SINGH GILL, PRESIDENT.

 

1.             Complainant has filed this complaint against the opposite parties pleading that the complainant is a consumer of the OPs by purchasing a mobile set Mark One Plus 9R5G Lake Blue8+128GB in LE2101 having IMEI number 869388054848097 amounting to Rs.39,999/- from the OPs vide invoice number DLEC212200092069 through online.  Further case of complainant is that after some times the complainant observed manufacturing defect in the mobile set in question and facing an issue with the green line on her one plus 9R phone, as such she raised service request bearing number INSI2310301559 to oneplus Care @ oneplus.com for rectifying the issue, which was also admitted by the OPs that the mobile set in question is defective due to manufacturing defect (green line issue) as per information available on their site.  Further case of complainant is that thereafter the OPs engaged the officials of M/s. Delhivery Courier to pick up the above said mobile set from complainant for repairs or replacement, but they refused to pick up the mobile set in question by cancelling the request. Further case of the complainant is that the OPs offered life time screen warranty to address green line issue and also offered to the refund of the amount of Rs.19000/- but neither they sent the voucher nor repaired the mobile set and by not resolving the issue or not replacing the phone of the complainant, which is said to be deficiency in service on the part of the OPs. Thus,  alleging deficiency in service on the part of the OPs, the complainant has prayed that the Opposite parties be directed to replace the mobile set in question with a new one or to refund the amount of the mobile set i.e. Rs.39,999/- alongwith interest and further to pay compensation on account of mental agony, tension and litigation expenses.

 

2.             OPs number 2 and 3 did not appear despite service, as such they were proceeded against exparte on 14.03.2024.  The service of OP number 1 was effected by way of publication in the newspaper ‘Daily Chardi Kalan’ dated 14.8.2024, but despite that OP number 1 did not appear, as such OP number 1 was also proceeded against exparte on 16.09.2024.

 

3.             The learned counsel for the complainant has produced Ex.C-1 affidavit, Ex.C-2 copy of invoice dated 17.5.2021, Ex.C-3 copy of emails, Ex.C-4 copy of life time screen warranty, Ex.C-5 copy of voucher value table offered, Ex.C-6 copy of legal notice, Ex.C-7 and Ex.C-8 postal receipts, Ex.C-9 CD, Ex.C-10 certificate of section 65B and Ex.C-11 receipt of Rs.1700/- and closed evidence.

 

4.             We have gone through the pleadings put in by the complainant along with supporting documents with her valuable assistance. 

 

5.             The learned counsel for the complainant has argued that the complainant is a consumer of the OPs by purchasing the mobile set in question for Rs.39,999/-  from OP number 1 vide invoice dated 17.05.2021, a copy of which on record is Ex.C-2.    The learned counsel for complainant has further contended that from the very beginning the mobile set in question is suffering with the problem of appearance of green line on the screen of the mobile set in question, which defect was not rectified by the Ops despite complaining the same to the OPs. To support the contention the complainant has also produced her affidavit Ex.C-1. Ex.C-3 is the copy of email dated 1.11.2023 sent by the complainant to the OPs customer care and reply there to is also on record. Again the complainant sent email dated 3.11.2023 and 5.11.2023 to the customer care of the OPs for not picking up the mobile set in question. Ex.C-4 is the copy of warranty offer general document showing that Oneplus will now offer lifetime screen warranty to address green line issue. Further Ex.C-6 is the copy of legal notice served upon OPs number 1 and 2 and Ex.C-7 and Ex.C-8 are the postal receipts in original. Ex.C-9 is the CD, whereas Ex.C-10 is the certificate of complainant under section 65-B of Indian Evidence Act. Whole of the evidence is unrebtutted as the OPs chose to remain exparte. From the record it is clear that the mobile set in question was suffering with appearance of green line on the screen of the mobile set, which apparently seems to be a manufacturing defect in the mobile set. As such, we find that the Ops are duty bound to refund the price of the mobile set i.e. Rs.39,999/- to the complainant. 

 

6.             In view of our above discussion, we allow the complaint and direct OPs to refund to the complainant the cost of mobile set i.e. an amount of Rs.39,999/-. However, it is made clear that the complainant shall be bound to return the defective mobile set alongwith all its accessories/attachments to the OPs at the time of receiving the amount of the mobile set. We further direct OPs to pay to the complainant an amount of Rs.5000/- as compensation for mental tension, agony and harassment and further an amount of Rs.5000/- on account of litigation expenses. 

 

7.             The complaint could not be decided within the

statutory time period due to heavy pendency of cases.

 

8.             This order of ours be complied with within a period of sixty days of its communication. A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.

Pronounced.

                        December 16, 2024.